Nana Konadu’s case has been thrown out by court on grounds of procedural incompetence
An Accra High Court has dismissed the suit against the Electoral Commission by the National Democratic Party (NDP), over the disqualification of the party’s Flagbearer Nana Konadu Agyeman Rawlings. The court presided over by Justice Goerge Koomson, struck out the suit on procedural grounds.
According to the court’s ruling, Nana Konadu’s application contained a procedural error and so her case was incompetent. But according to reports, lawyer for Konadu has said he will file a fresh suit by the end of today [Thursday].
In reaction to her disqualification from the presidential race, Konadu sued the EC last week. She was seeking an interlocutory injunction to prevent the EC from going ahead with the balloting of presidential candidates until the court settles the matter.
Konadu was also seeking court to declare that EC erred in law, when it decided not to accept applicants’ nomination thereby wrongfully and illegal disqualifying applicants from contesting in the 2016 presidential elections. She was also seeking an order to declare as illegal, the EC’s decision not to accept her nominations.
But Justice Koomsom explained that it is against procedures of court, to file a joint application praying for the EC’s decision to be reviewed and at the same time demanding for the enforcement of Konadu’s fundamental human right to vote and be voted for. Describing Konadu’s case as incompetent, he fined the applicants GHC10,000.
The Electoral Commission on October 10, disqualified NDP’s Konadu, PPP’s Nduom and 11 other Presidential aspirants [See Full List], for failure to meet certain candidacy requirements. This had led to agitations among affected political parties, with most of them arguing that EC’s action is an abuse of powers.
Of the three presidential candidates who have been to court to challenge their disqualification, Konadu is the first to have her case thrown out. Flagbearer of the Progressive People’s Party (PPP) Dr. Paa Kwesi Nduom, who is expecting judgement on Friday, has indicated that he will go to the Supreme Court if the High Court presently hearing his case, fails to rule in his favour.
All Peoples’ Congress presidential candidate, Hassan Ayariga is expecting his counsel to make oral submissions next Tuesday followed by judgement next Friday.